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Question
Which of the following is NOT a fundamental duty as per the provisions of the Constitution of India?
Options
To uphold and protect the sovereignty, unity, and integrity of India
To join the Defence Forces of India
To defend the country and render national service when called upon to do so
To value and preserve the rich heritage of our composite culture
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Solution
To join the Defence Forces of India
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Answer the question which follows from the application of the under mentioned legal principle.
X' s farm house in outskirts of Delhi was attacked by a gang of armed robbers. X without informing the police, at first warned the robbers by firing in the air. As they were fleeing from the farm, he fired and killed one of them. At the trial–
I. X can avail the right of private defence as he was defending his life and property
II. X cannot avail the right as he failed to inform the police
III. X cannot avail the right as he caused more harm than was necessary to ward off the danger
IV. X can avail of the right as at first he only fires in the air.
Assertion (A): The right to move the Supreme Court under Article 32 of the Constitution by appropriate proceedings for the enforcement of the fundamental rights is guaranteed as a fundamental right.
Reason (R): Supreme Court of India has been appointed as the guardian of the Constitution.
Principle: Damage without the violation of a legal right is not actionable in a court of law. If the interference with the rights of another person is not unlawful or unauthorized, but a necessary consequence of the exercise of defendant's own lawful rights, no action should lie.
Facts: There was an Established School ('ES') in a particular locality. Subsequently, a New School ('NS') was set up in the same locality, which charged lower fees, on account of which people started patronizing the new school. Because of the competition, 'ES' had to reduce its fees. 'ES' filed a case against 'NS' saying that 'NS' had caused it ('ES') financial loss and thus claimed compensation. Which of the following derivations is correct?
